Fountain Court Chambers

London & Singapore

Leigh-Ann Mulcahy QCCall Date: 1993 | Silk Date: 2009

Leigh-Ann Mulcahy QC is a leading advocate, part-time High Court Judge, commercial arbitrator and mediator. She was called to the Bar of England & Wales in 1993, the Bar of the Republic of Ireland in 1998 and was appointed QC in 2009. Her practice spans commercial, regulatory and public law. She is ranked by the legal directories as a Leading Silk in the fields of Insurance & Reinsurance (in respect of which she was nominated for Insurance Silk of the Year at the Chambers & Partners Bar Awards 2016); Professional Negligence and Product Liability. She is ranked in Legal 500 Asia for Commercial Disputes.

Since very early in her career she has acted for governments. She was First Counsel to the Welsh Government from 2013 to 2016. Prior to taking silk, she held the appointment of Treasury Counsel (A Panel) for the UK Government and she continues to represent the UK Government upon the nomination of the Attorney-General.

She has held the appointment of Deputy High Court Judge since 2016 and Senior Decision Maker for the Guernsey Financial Services Commission since 2014. She also sits as a commercial arbitrator in international and domestic arbitrations. She is a CEDR accredited mediator.

She has been described in the legal directories as follows: “Able to slide through the mountains of contracts and documents to arrive at a position which is clear and firm”; “She has incredible knowledge and is personable and accessible”; “Absolutely excellent”; “She really makes her points concisely and judges love her”; “Extremely knowledgeable and responsive, she is willing to go out of her way to assist”; “A very clear, polished and persuasive advocate who definitely has the ear of the court. She is an incredibly hard-working and respected silk.”; “Her legal analysis is excellent” ;A first-class advocate”; “Very tenacious”; “an incredibly good appellate advocate”; “an iron fist in a velvet glove”; at the top of her field”; “truly brilliant”; “ferociously bright”; “a sharp intellect”; “a formidable opponent”; “a top advocate”; “a passionate and determined advocate”; “outstanding”; “she has a great reputation and it’s fully deserved”; “first-rate”; “a fantastic advocate” “extremely diligent”; “formidably intelligent”; “extremely bright and very strategic”; “prodigiously hard-working…a first-class brain and very sound judgment”; “charming and relentless in equal measure and exudes confidence” and well suited to matters which are heavy on technical evidence”.

In addition, she is also considered to have excellent interpersonal skills: “very user-friendly”; “one of the most approachable QCs”; “ensures that clients are well informed and happy at all times”; “an absolute pleasure to work with”; “such an ease of manner with both peers and client”.

Leigh-Ann has wide advocacy experience at all levels and across litigation, commercial arbitration, tribunals and inquiries. She has a particular reputation as an appellate advocate. Leigh-Ann has been successful in five Supreme Court / House of Lords’ cases to date:

  • Paragon Finance v Plevin (Wasted Costs) (2017)
  • International Energy Group Ltd v Zurich Insurance [2016] AC 509
  • The Employers’ Liability Policy Trigger Litigation (Durham v BAI & ors) [2012] 1 WLR 867
  • The Atomic Veterans Litigation (AB v Ministry of Defence) [2012] 2 WLR 643
  • Medcalf v Mardell [2003] 1 AC 120

Leigh-Ann has extensive experience of handling group/multi-party litigation and is especially noted for cases involving complex technical or scientific evidence. She is a Fellow of the Royal Statistical Society. Leigh-Ann also has experience of acting as Counsel to a Public Inquiry.

Please refer to Leigh-Ann’s clerks for her Arbitration & Adjudication CV.

Areas of Expertise

  • Professional discipline
  • Product liability
  • Insurance and reinsurance
  • Commercial and chancery litigation
  • Administrative & public law
  • Arbitration
  • Professional negligence

Areas of Practice

  • Insurance and reinsurance;
  • Product liability and life sciences claims including commercial products, pharmaceuticals, vaccines, food safety, medical devices, blood and blood products;
  • Professional liability, including claims involving solicitors, barristers, accountants, insurance brokers and financial services professionals;
  • Professional discipline;
  • Commercial dispute resolution, including commercial contractual disputes, financial services disputes, IT contract disputes, commercial fraud and utilities law;
  • Public and constitutional law; human rights law;
  • International and domestic commercial arbitration;
  • Public inquiries
  • Mediation.

Professional Discipline & Regulation

Legal services

Leigh-Ann regularly acts for and advises the Solicitors Regulation Authority and legal services firms or individuals in relation to investigations and disciplinary proceedings. She advises firms and individuals on regulatory and compliance matters such as reporting obligations, management of conflicts or confidentiality.

  • Advising the SRA on regulatory action in relation to a number of cases arising out of judicial or public criticism of the conduct of solicitors’ firms.
  • Defending a barrister charged with professional misconduct before a BTAS disciplinary tribunal.
  • Advising a solicitors’ firm on compliance issues relating to specific conflict of interest issues in the context of leveraged finance.
  • Advising a solicitors’ firm on compliance issues relating to handling of client monies.
  • Advising a solicitors’ firm on compliance issues relating to anti-money laundering regulations.
  • Advising a legal services firm on compliance and insurance issues relating to provision of consulting and IT services being offered in conjunction with traditional legal services.
  • Advising a solicitors’ firm on updating its policies relating to conflicts of interest.
  • Advising a solicitors’ firm on handling of the interrelationship between SRA investigation of a complaint and wasted costs proceedings before the court.

 Accountancy & Financial services

  • Defending an accountant and non-executive director in regulatory proceedings brought by the Financial Reporting Council arising out of the collapse of a financial institution in Northern Ireland.

Veterinary surgeons

  • Advising on a judicial review challenge concerning procedural fairness of disciplinary process against veterinary surgeons.

Recent Cases

Insurance and Reinsurance

Listed as a Leading Silk for Insurance and Reinsurance and nominated for Insurance Silk of the Year by Chambers & Partners in 2016, Leigh-Ann has recently been described by the directories in relation to this field as follows:

  • She has incredible knowledge and is personable and accessible.” (Chambers and Partners, 2020)
  • Absolutely excellent.” (Chambers and Partners, 2020)
  • Her legal analysis is excellent” (Legal 500, 2020)
  • “Skilled in complex reinsurance disputes, very thorough and commercially astute, very personable…able to grasp technical points easily” (Chambers & Partners 2019)
  • Very knowledgeable, measured and great with clients” (Chambers and Partners 2018);
  • A sharp intellect, always willing to go the extra mile” (Legal 500, 2018)
  • A fantastic silk, who provides pragmatic and easy-to-understand advice” (Legal 500, 2017);
  • Very thorough, very concise and a formidable opponent” (2017) and
  • One of the brightest young leaders around, who is well organised and always on top of a case. She cuts to the key issues and is also very approachable” (2017)
  • An absolute pleasure to work with and her advice is always spot on” (2016)
  • “Very hard-working indeed. She has a great reputation and it’s fully deserved” (2016)
  • Excellent, thorough and a barrister with encyclopaedic knowledge of case-law” (2015) and
  • At the top of her field, she provides excellent advice” (2014).

Leigh-Ann’s combination of expertise in relation to insurance, financial services, professional liability and public law has led to her advising and acting in a number of insurance cases which straddle these fields (in both the litigation and arbitration contexts). She has considerable expertise in relation to the insurance of asbestos liabilities and issues that arise in relation to the insurance of financial services professionals (and in particular in relation to issues arising over proactive consumer redress and the mis-selling of PPI, pensions and other investments). She increasingly advises on insurance disputes with an international element.

  • Acted for AIG on an appeal to the Court of Appeal against a non-party costs order made against liability insurers pursuant to section 51 Senior Courts Act 1981 arising out of group litigation: Various Claimants v Giambrone and Law (A firm) [2019] 4 WLR 7 which settled with the appeal being allowed and the order set aside.
  • Advising insurers in relation to subrogated recovery claims arising out of high value losses due to a fire.
  • Advised an Asian insured on the merits of a claim against UK reinsurers arising out of a reinsurance contract dispute.
  • Advised a corporate policyholder on its entitlement to indemnity under a US$20M credit insurance policy and in relation to arbitration of the insurance dispute.
  • Advised a reinsured on the proper construction of a quota-share reinsurance treaty.
  • Advised an excess insurer in relation to a civil liability policy raising issues of notification and breach of condition.
  • Advised excess liability insurers in relation to coverage issues arising from losses caused by collapse of a dam in South America.
  • Advised a Lloyds Syndicate on coverage issues arising out of a high value personal injury claim where there was a substantial under-insurance.
  • Advised a reinsured on a dispute with reinsurers over responsibility for currently exchange losses when paying a foreign insured in local currency.
  • Successfully acted for Zurich in International Energy Group Ltd v Zurich Insurance [2016] AC 509 before Court of Appeal and Supreme Court
  • Successfully acted for Zurich in the Employer’s Liability Policy Trigger Litigation (Durham v BAI & ors) [2012] 1 WLR 867 up to and including the Supreme Court. She has advised on numerous other insurance coverage disputes relating to both asbestos liabilities and environmental liabilities and is currently advising on reinsurance recoveries, allocation and other insurance issues that remain unresolved following IEGL.
  • Represented Zurich in a High Court action, Redman v Zurich Insurance Plc [2017] EWHC 1919, a test case on the application of the Third Parties (Rights Against Insurers) Act 2010. She has advised other insurers on a number of issues arising out of the 2010 Act.
  • Acted in a coverage dispute between National Grid/Cadent and Excess Insurance Company/Catalina Worthing in the Commercial Court, which settled shortly before trial.
  • Acted for RSA in the PIP Breast Implant Litigation insurance dispute in 2015 which considered when injury occurred in product liability policies in the context of leaking silicone implants. The dispute settled at mediation.
  • Acted for Cape Intermediate Holdings Ltd in proceedings before Picken J brought by Aviva to recover its outlay on behalf of a Cape subsidiary for asbestos-related disease. This concerned issues of parent liability, contractual indemnities, co-insurance and subrogation This resulted in two major judgments Cape Distribution Limited v Cape Intermediate Holdings Limited in 2016 ([2016] EWHC 1119 & [2016] EWHC 1786) and a 6 week avoidance trial heard in January/February 2017, following which the case, which was on appeal to the Court of Appeal, settled.
  • Acted for a multinational financial services company in Ocean Finance & Mortgages Ltd v Oval Insurance Broking Ltd [2016] Lloyd’s Rep IR 319 in relation to professional indemnity insurance issues arising out of PPI mis-selling liabilities. The claim settled shortly before trial which proceeded in relation to the third party action.
  • Acted for insurance brokers in relation to a claim of alleged negligence arising out of the scope of their customer’s cover, which raised professional negligence and insurance coverage issues.
  • Acted for an insurer of insurance brokers in arbitration proceedings defending a coverage claim brought by a brokerage firm.
  • Appeared on behalf of an insured at an arbitration hearing to consider the trigger for a public liability insurance policy in the context of sexual abuse claims where the victims only discovered the conduct and suffered psychiatric injury subsequent to the conduct itself.
  • She regularly advises insurers and insureds on various professional indemnity coverage issues, including issues over the construction of the Minimum Terms for solicitors’ and surveyors’ professional indemnity insurance, aggregation, notification and avoidance for fraud/dishonesty.
  • Advised on and appeared at arbitration on behalf of a ‘mutual’ insurer relating to indemnity and policy interpretation issues, including notification and aggregation.
  • Advised on various product liability insurance coverage issues which arose between primary and excess insurers in a high value dispute.
  • Advised a regulatory body in relation to insurance issues potentially arising from a proposed form of regulatory action.
  • Expertise in section 51 applications for costs against insurers Cormack v Washbourne  [2000] Lloyd’s LR PN 459, CA and Gloucestershire Health Authority v Torpy [1999] Lloyd’s Reinsurance Law Reports 203 (excess layer).
  • She has particular expertise in the operation of the Financial Services Compensation Scheme and in issues arising from proactive consumer redress, including in relation to pensions mis-selling, PPI and Arch Cru.

 Professional Liability and Discipline

Listed as a Leading Silk for Professional Negligence by the legal directories for many years, she is described for this field as:

  • She really makes her points concisely and judges love her.” (Chambers & Partners, 2020)
  • Extremely knowledgeable and responsive, she is willing to go out of her way to assist.” (Chambers & Partners, 2020)
  • Very tenacious.” (Legal 500, 2020)
  • Well suited to matters which are heavy on technical evidence…very nice style in court…very knowledgeable, measured and great with clients” (Chambers & Partners 2019)
  • A very distinguished lawyer” with “great client handling skills and emotional intelligence. She is extremely user-friendly and turns work around very quickly” (Chambers and Partners 2018).
  • The Legal 500 2018 also describes her as “very thorough and clear”.

Previous directories state that she “is a well-established name in the professional negligence world and continues to grow her already vast practice”; “outstanding”, “a fantastic advocate”, “a top advocate”, “extremely bright and highly organised” “very user-friendly” and is “highly recommended for solicitors’ negligence cases” and said to be a “thorough and an extremely safe pair of hands“, “Leigh-Ann is charming and relentless in equal measure and she exudes confidence. She never loses sight of the big picture and ensures that clients are well informed and happy at all times”, “extremely diligent and thorough with papers and instructions and very flexible. She gets on top of the points very quickly”.

Lawyers:

Particular expertise in relation to wasted costs applications, issues of professional conduct including conflicts of interest, claims for lost litigation and disadvantageous property transactions and claims arising in the criminal or regulatory context, product liability context or which raise human rights issues.

Leigh-Ann also advises on professional disciplinary cases in particular in relation to the Solicitors Regulation Authority.

  • Acting for a solicitors firm in defending wasted costs proceedings involving allegations of misconduct in parallel with professional disciplinary proceedings.
  • Acting for a barrister in relation to judge initiated wasted costs proceedings arising out of a high profile criminal trial.
  • Acting for a QC in relation to a potential negligence claim arising out of failed group litigation.
  • Acted for a claimant solicitors firm suing former clients for unpaid fees and defending substantial counterclaims for alleged negligence.
  • Acted for solicitors in defence of a breach of fiduciary duty claim.
  • Defended a wasted costs claim in the Supreme Court against a firm of solicitors arising out of the case of Paragon v Plevin (2017).
  • Acted on a limitation appeal to the Court of Appeal in a solicitor’s liability case where a counterclaim alleging negligence was raised in defence of a claim for unpaid fees: Hassan Khan & Co v Al Shanfari & Al Rawas [2017] EWCA Civ 42.
  • Defended a very high value solicitors’ negligence claim arising out of lost product liability litigation, which settled at mediation.
  • Defended a high value wasted costs claim arising out of failed employment tribunal proceedings.
  • Defended a High Court claim on behalf of a firm of solicitors arising out of a property transaction involving allegations of dishonest assistance in a breach of trust.
  • Acted for insurers of a licensed conveyancer in relation to a number of claims arising out of alleged lending transactions.
  • Appeared on a 3 day s.33 Limitation Act 1980 application on behalf of claimants whose solicitors who had wrongly obtained extensions of time for service of first claim forms leading to the claims being struck out and had to bring fresh claims on behalf of their clients.
  • Defending a QC in proceedings in the Chancery Division by former clients against their solicitors and counsel arising out of lost commercial litigation: Griswold v Mace Jones & anr (2013).
  • Advised a commercial client on the merits and quantum of a proposed claim against two former firms of solicitors arising out of a failed business venture involving a disqualified director.
  • Acted for and obtained summary judgment on behalf of a barrister in a claim arising out of an alleged failure to advise a vulnerable claimant on the protection of her damages following settlement of a personal injury claim: Phelps v LHP Law & or (QBD, 2010).
  • Appeared on behalf of a barrister at the trial of a negligence claim by a firm of solicitors against a barrister alleging a duty of care to protect their fees: Protopapas Solicitors v Spon-Smith (Ch.Div, 2010).
  • Defended a solicitors’ negligence claim arising out of private client tax advice and drafting a share sale agreement: Bertram v Eversheds & Boodle Hatfield.
  • Defended a wasted costs application against solicitors following a long trial in the Chancery Division arising out of the preparation of witness statements, giving of evidence etc: Cabvision v Feetum, Marsden & Smith and Dean & Dean Solicitors (2010).
  • Led the defence of an appeal on behalf of all respondents to a negligence claim arising out of lost litigation in Leonard v Byrt [2008] EWCA Civ 20.
  • Represented solicitors in Commercial Court claim arising out of compromise of litigation in Reass SARL v Markel International Insurance Company (2007).
  • Acted on an appeal relating to costs issues arising from the Vibration White Finger litigation against solicitors: Russell Young & Co v Kevin Brown & ors  [2007] 2 All ER 452
  • Represented the respondent barristers to the first wasted costs case to be heard by the House of Lords in Medcalf v Mardell [2003] AC 120 and argued the human rights submissions.

Accountants, Auditors & Actuaries

  • Defended an accountant and non-executive director in regulatory proceedings brought by the Financial Reporting Council arising out of the collapse of a financial institution.
  • Defended an accountants/tax advisers’ negligence claim on behalf of MRI Moores Rowland LLP.
  • Represented the UK and Cayman branches of a firm of accountants and tax advisers in a substantial case involving alleged breaches of the company and insolvency legislation and professional negligence: Bezant v Rausing & 16 ors [2007] EWHC 1118

Insurance Brokers & Agents

  • Acting for a multinational financial services company in relation to claims against producing and placing brokers arising out of failure to make a notification and/or alleged non-disclosure to insurer of material information leading to avoidance of cover: Ocean Finance & Mortgages Ltd v Oval Insurance Broking Ltd [2016] Lloyd’s Rep IR 319 The claim settled shortly before trial which proceeded in relation to the third party action.
  • Acting for insurance brokers in relation to a claim of alleged negligence arising out of the scope of their customer’s cover.

Construction Professionals

Experience of acting for/against construction professionals including:

  • Acting for an architect on a £20M claim arising out of alleged negligence in designing a modification to a factory which was subsequently destroyed by fire.
  • Advised on claim against engineer arising out of a defective floor slab in a major commercial development.
  • Acting for firm of engineers in relation to claims arising out of a defective industrial crane.
  • Acting on a claim for repudiatory breach of contract: Bedfordshire County Council v Fitzpatrick Contractors [2001] BLR 226.
  • Has dealt with claims against surveyors and valuers in relation to both residential and commercial valuation claims. Expertise in marine surveyors’ liabilities.

Experts

  • Acted for the expert in the first claim for wasted costs against experts: Phillips and ors v Symes & ors (No 2) [2005] 1 WLR 2043, [2004] EWHC 2330 (Ch)

Veterinary Surgeons

  • Advised in relation to a disciplinary case before the Royal College of Veterinary Surgeons Disciplinary Committee

Product Liability

Leigh-Ann is listed as a Leading Silk for Product Liability by the legal directories. She advises on product liability and product safety in relation to a whole range of products including commercial and industrial products, food, chemicals, medicines, medical devices and vaccines. She also advises on regulatory issues and legal risk management in order to avoid litigation in particular in the pharmaceutical and medical devices fields.  She is a Fellow of the Royal Statistical Society and is sought after for cases involving technical and scientific evidence. She is editor of “The Law and Regulation of Medicines” (Oxford University Press) and is currently working on the second edition “The Law and Regulation of Medicines and Medical Devices”.

Recent comments about her in relation to this field are as follows:

  • A first-class advocate and a leading silk in this field.” (Legal 500, 2020)
  • A very clear, polished and persuasive advocate who definitely has the ear of the court.” (Chambers & Partners, 2020)
  • She is an incredibly hard-working and respected silk.” (Chambers & Partners, 2020)
  • Known for her strength in the pharmaceutical and medical sectors, but also demonstrates a command of commercial cases relating to industrial products. She is a top-level advocate who also has a significant advisory practice relating to pharmaceutical regulation.” – Chambers & Partners, 2019.
  • Excellent technical expertise.” – Legal 500, 2019
  • A leading light in the law of causation, policy interpretation and product liability”; “very knowledgeable, measured in her approach and great with clients” – Chambers & Partners, 2018.
  • A passionate and determined advocate.” – Legal 500, 2018
  • Known for her strength in the pharmaceutical and medical sectors, she also demonstrates command of commercial cases related to industrial products. Her practice involves not only high-level advocacy and appellate expertise, but also significant advisory work relating to pharmaceutical regulation.” “Very knowledgeable, measured, great with clients” “Hard-working, bright and user-friendly” – Chambers & Partners, 2017.
  • A very persuasive and persistent advocate of her client’s interests.” – Legal 500, 2016.
  • “She’s excellent. She has a strong reputation and also a good degree of experience in this field.” “She is ferociously bright and if I had a matter that was being litigated and I knew was going to trial I would use her. She is very good at looking at complicated facts, getting to the heart of them and then arguing your corner for you.” – Chambers & Partners, 2016.

She has also previously been described by the directories in relation to this field as “…an incredibly good appellate advocate. She is prodigiously hard-working and possesses both a first-class brain and very sound judgment”, “Formidably intelligent and very user-friendly, she has built up her specialist knowledge of pharmaceuticals very impressively”, “extremely bright”, “dedicated” and “tenacious with the opposition.

Commercial products:

  • Advising on issues arising out of the Grenfell Tower fire.
  • Acting on a high value claim arising out of a vehicle fire.
  • Advised a toy manufacturer on issues relating to a potential product recall and other regulatory issues.
  • Advised a specialist gas system supplier regarding liability issues arising out of a high value fire claim.
  • Advised a leading manufacturer on issues arising out of consumer products causing property damage.
  • Acting on a dispute between two life sciences companies arising out of the termination of a clinical trial.
  • Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC); [2017] BLR 389: Leigh-Ann acted for the defendant in a negligence claim arising out of the supply of a fire suppressant system. The claim was subject to a preliminary issue on the validity of an exclusion clause, an issue on which the defendant was successful.
  • Grundon Waste Management Ltd v Hygrade Industrial Plastics Ltd (2012): Leigh-Ann acted for the claimant in this multi-party action in the TCC arising out of an overheating incident and associated fires at a waste management facility.
  • Costain Oil & Gas Process Limited v. Barton Firtop Engineering (2008-2010): Leigh-Ann advised on and settled pleadings in a commercial product liability claim arising out of manufacture and supply of temporary industrial strainers for use in gas pipelines.
  • Kent County Council v. Griggs & ors; Aviza v Welsh Electrical & ors cases: Defended an electrical wholesaler, Newey & Eyre, in relation to commercial product liability/fire claims arising out of allegedly defective capacitors in light fittings.
  • Advised on claims arising out of the testing and manufacture of a defective building insulation product.
  • Advised a major manufacturer and its insurers on potential claims arising out of dishwashers and fire risks.

Ionising radiation:

  • Appeared at the limitation trial and subsequent appeals to the Court of Appeal and Supreme Court for the Ministry of Defence in a major group action by over 1000 former servicemen arising out of the nuclear tests in Australia and the South Pacific in the 1950s:  AB & ors v Ministry of Defence [2009] EWHC 1421; (2011) 117 BMLR 101, CA; [2012] 2 WLR 643, SC.
  • Appeared on behalf of Ministry of Defence on 12 conjoined war pensions appeals by veterans to the Upper Tribunal.

Pharmaceuticals and blood products:

  • Advising on regulatory and liability issues arising out of the licensing of pharmaceutical products alleged to cause harm
  • Advised on the legal landscape and issues arising in relation to the faster introduction of new pharmaceutical products.
  • Advised NHSBT on legal risk management in relation to blood and blood products.
  • Advised on a potential claim arising out of an anti-smoking treatment.
  • Advised on potential product liability claim arising out of a monoclonal antibody used in cancer screening.
  • Advised on a claim relating to dopamine agonists/compulsive gambling in relation to Parkinson’s Disease treatments.
  • Advised in relation to The Foetal Anticonvulsant Litigation.
  • Advised in relation to the AIDS/HIV and Hepatitis C Haemophiliacs litigation.
  • Defended a parallel importer in relation to a pharmaceutical claim relating to an allegedly defective patient information leaflet.
  • Defended the Committee on the Safety of Medicines in the Aspirin/Reye’s Syndrome case: Amanda Smith v Secretary of State for Health [2002] Lloyd’s Med 305.
  • Acted in The Human Growth Hormone/CJD Litigation in relation to both those who had contracted CJD and claims by the “worried well” ((2000) 54 BMLR 1, 79, 85, 95, 100, 103, 104, 111; [2000] Lloyd’s Rep Med 161).
  • Leigh-Ann also carries out specialist advisory work in relation to pharmaceutical regulation and legal risk management for producers, insurers and regulatory bodies.
  • Leigh-Ann is Consultant Editor and contributes the Civil Liability and Public Law Liability chapters of The Law and Regulation of Medicines (OUP) and regularly lectures on product liability issues. She is currently editing the second edition of the book which is being extended to cover medical devices.
  • She is also working with the Royal Statistical Society to consider how to improve the use and understanding of epidemiological and statistical evidence in civil litigation.

Chemicals:

  • Between 2003 and 2008, Leigh-Ann represented the Ministry of Defence in the Porton Down litigation dealing with a 6 ½ month inquest in 2004, a subsequent judicial review and claims arising out of non-therapeutic human experimentation with chemical warfare agents. The litigation involved extensive expert evidence on toxicology and the development of bioethics from 1940s to 1980s.

Food:

  • Leigh-Ann has acted on behalf of the Department of Health and DEFRA in relation to claims arising out of BSE/vCJD and was involved in setting up the vCJD Trust to compensate victims of vCJD.

Medical devices:

  • The PIP Breast Implant Litigation. Leigh-Ann acted at a CMC on behalf of a clinic defendant in this group action arising out of the use of industrial (as opposed to medical) grade silicone in breast implants by a French company.
  • Advised a major multinational company in relation to its regulatory obligations and a possible product recall of a medical device.
  • Advised a manufacturer of cosmetic dermal fillers in relation to claims against it arising out of granuloma formation.
  • Advised claimant in relation to allergies alleged to be the result of PPD in hair dye.

Vaccines:

  • Currently acting in relation to a proposed vaccine damage group action.

 Public and Constitutional Law, Human Rights & Inquiries

Leigh-Ann has been listed as a Leading Silk for Administrative & Public Law (including Local Government) by Legal 500 for a number of years. She has  been described as follows.

  • She has an admirably clear and succinct style and puts a relatively difficult case attractively.’ – The Legal 500, 2018.
  • An effective combination of legal knowledge, forensic judgment and human insight.’– The Legal 500, 2017.
  • Extremely bright and very strategic” – The Legal 500, 2016.
  • She has strong attention to detail and picks up complex matters quickly’- The Legal 500, 2015.

In her role as First Counsel for the Welsh Government from 2013 to 2016, Leigh-Ann advised on public and constitutional law issues in relation to the Welsh devolution settlement, legislative competence and other public law issues of major importance.

She has advised and acted in relation to a number of judicial review cases or civil claims which have raised public law or human rights issues. She has experience of advising on public law issues over inquest procedures, legal complaints procedures, claims against the Financial Services Ombudsman, property issues, health policy and immigration law. She also has experience of tribunal and regulatory law. She is general editor of Human Rights and Civil Practice (OUP).

Leigh-Ann also sits part-time as a Deputy High Court Judge in the Administrative Court and is a Senior Decision-Maker for the Guernsey Financial Services Commission a role in which she is involved in financial services regulation.

Leigh-Ann acted as Counsel to a public inquiry into NHS Complaints Procedures and the Conduct of an NHS gynaecologist, Richard Neale.

Specific examples of her work are as follows:

  • Acted successfully for a claimant in a complex nationality case challenging a Home Office decision to refuse him British citizenship.
  • Advised on whether various heads of loss, including loss of profits, were recoverable under Article 1 of the First Protocol to the ECHR.
  • Challenged a financial services regulatory decision made by the Financial Conduct Authority on behalf of an insurance company.
  • Acted for claimants in a claim for damages against a government agency alleging misfeasance in public office and breach of human rights law.
  • Acted for the claimant in a challenge to a pharmaceutical commissioning decision in R (on the application of Boehringer Ingleheim Ltd) v NHS Commissioning Board [2016] EWHC 1557 (Admin).
  • Acted for a medical reporting organization on a potential judicial review challenge to a licensing decision. Case settled at pre-action stage.
  • Acted for a European pharmaceutical company in a potential judicial review challenge to a commissioning decision in relation to its product. Case settled at pre-action stage.
  • Acted for Welsh Ministers, an interested party in R (on the application of Forge Care Homes Ltd & ors) v Cardiff & Vale University Health Board and other Health Boards and County council of the City of Cardiff and other Councils and The Welsh Ministers) [2015] EWHC 601.
  • Acted on behalf of the Ministry of Defence in relation to 12 conjoined appeals to the Upper Tribunal against the First-tier Tribunal (Armed Forces Compensation and War Pensions Chamber)’s decision not to award pensions to certain veterans of the nuclear tests in Australia and the South Pacific in the 1950s. The appeal raised jurisdictional issues regarding the legal test to be applied by the First-tier Tribunal and the Upper Tribunal’s powers of review.
  • Advised in relation to a legal challenge to the grant of marketing authorisation in respect of a pharmaceutical product under EU and domestic law.
  • Defended a judicial review claim on behalf of the Secretary of State for Health by various claimants and a further claim made by 2 interested parties which sought to challenge the vCJD Compensation Scheme:  R (on the application of McVey & ors) v Secretary of State for Health (2010) Med LR 204 (main claim); R (on the application of McVey & ors) v Secretary of State for Health & (1) Jonathan Simms (2) Holly Mills (Interested Parties) [2010] EWHC 1225 (Admin) (interested parties’ claim).
  • Advised on procedural/human rights issues arising from first instance and Court of Appeal judgment in relation to an appeal to the Supreme Court.
  • Acted for a local authority challenging the expropriatory effect of legislation: R (Lord Chancellor) v Chief Land Registrar [2006] QB 795.
  • Acted for the Ministry of Defence as claimant challenging a jury direction in an inquest: R (Ministry of Defence) v Wiltshire and Swindon Coroner [2006] 1 WLR 134.
  • Advised in relation to potential judicial review challenges to a proposed consumer redress scheme in the financial services context
  • Advised on judicial review claims relating to two professional bodies in relation to their statutory compensation funds.
  • Advised on regulatory obligations to a major multinational manufacturer of a medical device and the statutory duties of relevant regulators.
  • Acted for the Ministry of Defence in relation to issues of combat immunity and procurement in the context of claims by service men and women for noise-induced hearing loss caused during or in preparation for operational deployment: see Durrheim v Ministry of Defence [2014] EWHC 1960, QB, an appeal to the High Court arising out of an application for conjoined case management of such claims.
  • Has advised in potential challenges to Ombudsmen including the Financial Services Ombudsman, Legal Ombudsman and Local Government Ombudsman.

 Commercial Dispute Resolution

Ranked as a Leading Silk in Legal 500 Asia Pacific 2020 for Commercial Disputes: “Able to slide through the mountains of contracts and documents to arrive at a position which is clear and firm”

Leigh-Ann has experience of acting or advising in a wide range of commercial and contract disputes including sale of goods, agency, share purchase agreements, IT contractual issues, credit factoring, energy law and insolvency. She also regularly advises and acts in relation to financial services issues. Cases include the following:

  • Acting for a pharmaceutical company in a high value licensing dispute with another pharmaceutical company.
  • Advised a specialist supplier regarding enforcement of contractual limitations of liability in defence of a high value fire claim.
  • Acted for a Singapore technology company in defence of a high value licensing dispute with a global technology company.
  • Emblaze Mobility Solutions Ltd v Revenue and Customers Commissioners [2018] UKUT 373 (TCC), appeal relating to issues of interest and lawfulness of deduction of repayment supplement in a tax case.
  • Akcine Bendrove Bankas Snoras v Antonov [2018] EWHC 887 (Comm), application regarding whether obtaining of foreign enforcement orders constituted breach of undertakings given on freezing injunction.
  • Acted for a bank on a Privy Council appeal in litigation arising from a dispute over the status of a mortgage over land and enforcement of its security.
  • Acted in a referral and appeal to the Court of Appeal on behalf of a financial services company in a financial services enforcement case.
  • Acted for the defendant in a commercial dispute arising out of a fire with a claim for negligence and breach of statutory duty in relation to the supply and installation of a fire suppressant system and giving rise to issues over incorporation and validity of exclusion clauses: Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] BLR 491 (CA);[2017] EWHC 767 (TCC); [2017] BLR 389.
  • Advised a software developer and IT solutions contractor regarding various contractual disputes arising out of a Software Development & Managed Services Agreement.
  • Advised claimants in relation to their appeal and mitigation options following a failed claim against an international bank arising out of lost investments.
  • Acting on behalf of Welsh Ministers in a substantial competition law claim against Servier in the Chancery Division, concerning the supply of the ACE inhibitor, Perindopril.
  • Acted on behalf of Welsh Ministers in a substantial competition law follow-on claim being tried in the Chancery Division against Reckitt-Benckiser to recover losses to the Welsh NHS as a result of anti-competitive conduct relating to its product, Gavison. The claim settled.
  • Abbey Forwarding (in Liquidation) v Revenue and Customs Commissioners [2015] EWHC 225 (Ch); [2015] Bus LR 882. Leigh-Ann represented an insolvent company and succeeded in enforcing a cross-undertaking in damages given by HMRC when seeking an order appointing a provisional liquidator of the company.
  • Acted in a very substantial international commercial arbitration involving a high value and complex IT dispute arising out of the “e-Borders” system. In Secretary of State for the Home Department v Raytheon Systems Ltd [2015] 1 Lloyd’s Rep 493 and also [2014] EWHC 4375, TCC (two judgments) Leigh-Ann acted for the Home Secretary and succeeded in overturning a high value arbitration award for serious irregularity.
  • Acting in Commercial Court proceedings by financial companies who are alleging negligence on the part of their insurance broker in failing to ensure they had coverage for claims arising out of PPI mis-selling.
  • Acted in a challenge to enforcement action by the Financial Conduct Authority. Obtained order staying enforcement action.
  • Advised in relation to a proposed retail banking claim arising out of alleged negligence in relation to cheque fraud.
  • Acted on a claim for insurance and investment fraud made by a financial services regulator against the former directors of CLICO, a Trinidadian company with business across the Caribbean.
  • Acted on behalf of various insurers in the credit hire context on issues of re-trial and future case management arising out of the Dickinson v Tesco test cases decided by the Court of Appeal.
  • Acted on a £4M+ claim by a company against its former CEO and director for breaches of fiduciary and contractual duties.
  • Acted for the claimant in relation to relation to two serious commercial fraud cases arising out of property transactions.
  • Advised and acted for multi-national shipping company in securing recovery of its shipping containers and personally negotiated international settlement agreement in relation to a dispute between German and Netherlands companies.
  • Acting on a high value international trade dispute between a UK based import/export company and a major US retailer concerning breach of contract and economic torts.
  • Acted in AE Beckett & Sons (Lyndons) Ltd v Midlands Electricity [2001] 1 WLR 281, CA (exemption clauses for economic loss; statutory construction of Electricity Act 1988).
  • Acted in various claims arising from interruption of electricity supply including MV Sports Ltd v Midland Electricity (2002) and a claim against National Grid.

Publications

  • General Editor of Human Rights and Civil Practice (OUP);
  • Consultant Editor and Contributor to The Law and Regulation of Medicines (OUP)
  • Editor of Jackson & Powell on Professional Liability (6th and 7th eds) (Thomson Reuters)
  • Contributor to R. Goldberg’s Perspectives on Causation (Hart).
  • Member of Editorial Board of Lexis’ PSL Arbitration. Contributes articles on topical issues in arbitration.

Appointments

  • Deputy High Court Judge 2016-date
  • Senior Decision-Maker for the Guernsey Financial Services Commission 2014-date
  • Adjudicator for the Professional Negligence Adjudication Scheme 2014-date.
  • Called to the Bar of the Republic of Ireland 1998.
  • Non-executive director of Bar Mutual Indemnity Fund Ltd 2011-2017.
  • International advanced advocacy trainer since 2002, teaching in the UK, Australia, South Africa, Ireland, Singapore and Malaysia, with a particular focus on teaching appellate advocacy and financial expert evidence.
  • Member of COMBAR working party considering the implications of Brexit for insurance and reinsurance law (2016-2017).
  • CEDR accredited mediator since 1998.

 Membership of professional bodies:

COMBAR; PNBA; ALBA; LCLCBA; BILA (British Insurance Law Association); ICC; LCIA; Arbitral Women; European Circuit.

Education

M.A. (Cantab.)
LL.M. (Osgoode, Canada)
Dip. E.C.Law (Kings)

Awards & Scholarships

Foundation Scholarship (Jesus College);
Squire Scholarship (Cambridge University);
C.J. Hamson Prize for Contract Law (Cambridge University);
Major Scholarship (Inner Temple);
Commonwealth Scholarship.


BSB Barristers' Register